but now -- >> california law is very clear. if a parent engages in an act of domestic violence or some sort of altercation, that can be used against them in denying custody. >> reporter: an actress' real-life drama that's back in the headlines could go back to family court. aubry is scheduled to appear in court december 13th. until then, a restraining order will keep him at least 100 yards away from berry, martinez and his daughter. now, he's only facing a misdemeanor charge. so, he's not likely to go to jail. neither aubry, berry nor martinez has replied to our request for comment. so, they're not talking about it. but a lot of other people are. >> an innocent 4-year-old in the middle of all this. thank you. great to see you. >>> coming up on "good morning america," why adele's music is so popular in the bedroom. : thi od little monkey and always very curious. one day george got an important letter... he's built a rocket ship to travel into space. girl: google, how far is earth to the moon? google voice response: moon is 238,9